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    <title>2018 (6) TMI 1375 - CESTAT KOLKATA</title>
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    <description>Exemption Notification No. 158/95-Cus could not be denied merely because re-export of re-imported goods was delayed, where the goods had in fact been exported and re-exported after reconditioning. The delay was attributed to unavoidable circumstances, and the Tribunal applied the settled principle that export promotion and similar beneficial schemes must receive a liberal construction. Procedural or technical lapses were held insufficient to defeat substantive relief when the core condition of actual export was satisfied. The duty demand and adverse order were therefore set aside, and relief was granted to the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=362548</link>
      <description>Exemption Notification No. 158/95-Cus could not be denied merely because re-export of re-imported goods was delayed, where the goods had in fact been exported and re-exported after reconditioning. The delay was attributed to unavoidable circumstances, and the Tribunal applied the settled principle that export promotion and similar beneficial schemes must receive a liberal construction. Procedural or technical lapses were held insufficient to defeat substantive relief when the core condition of actual export was satisfied. The duty demand and adverse order were therefore set aside, and relief was granted to the assessee.</description>
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